Whitaker
Whitaker v. Sequoia Main Street, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN WHITAKER, Case No. 21-cv-03793-JD
Plaintiff,
ORDER RE MOTION TO DISMISS
v. 9 Re: Dkt. No. 9 SEQUOIA MAIN STREET, LLC, Defendant.
12 Plaintiff Brian Whitaker has sued defendant Sequoia Main Street, LLC (“Sequoia”), for disability discrimination under the Americans with Disabilities Act, 42 U.S.C. § 12182(a), and the Unruh Civil Rights Act, Cal. Civ. Code §§ 51-53. Whitaker is a quadriplegic who uses a wheelchair for mobility. He alleges that he visited “Happy Nails,” a business located on Sequoia’s property, but could not patronize the business because “there was an unramped step at the entrance.” Dkt. No. 1 ¶¶ 8, 12. Whitaker says that Sequoia’s failure to provide “wheelchair accessible paths of travel” denies him full and equal access in violation of the ADA. Id. ¶¶ 10, 16. Sequoia’s request to dismiss the complaint for failure to state a claim under Whitaker v. Tesla Motors, Inc., 985 F.3d 1173 (9th Cir. 2021) -- a case brought by the same plaintiff…